367.930 Action in Circuit Court -- Attorney's fees -- Effect of judgment -- Statute of

263 words·~1 min read·/ky/367-930

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

limitations.

(1)Any person who purchases a health spa membership or enters into a contract to

purchase a health spa membership and thereby suffers any ascertainable loss of

money or property, real or personal, as a result of the use or employment by another

person or corporation of an act or practice declared unlawful by KRS 367.905 to

367.920 may bring an action pursuant to the Rules of Civil Procedure in the Circuit

Court in which the seller resides or has his principal place of business or is doing

business, or in the Circuit Court in which the purchaser of the membership resides,

or where the transaction occurred, to recover actual damages. The court may award

such equitable relief as it deems necessary or proper. Nothing in this section shall be

construed to limit a person's right to seek punitive damages where appropriate.

(2)In any action brought by a person under this section, the court may award, to the

prevailing party, in addition to the relief provided in this section, reasonable

attorney's fees and costs.

(3)Any permanent injunction, judgment, or order of the court made under KRS

367.925 shall be prima facie evidence in an action under this section that the

respondent used or employed a method, act, or practice declared unlawful by KRS

367.905 to 367.930.

(4)Any person bringing an action under this section must bring such an action within

one

(1)year after any action of the Attorney General has been terminated or within

two

(2)years after the violation of this section is discovered, whichever is later.